Most people think spousal abuse only means getting hit. It doesn’t. In Tennessee, the law covers a lot more than physical violence. And the penalties? They are serious.
Whether you are a victim, know someone who might be, or just want to understand the law, this guide breaks it all down. No legal jargon. No confusing terms. Just the facts you need.
What Is Spousal Abuse Under Tennessee Law?
Here’s the thing: Tennessee does not use the term “spousal abuse” in its criminal code. The law calls it domestic assault. But the meaning is broad. Really broad.
Under Tennessee Code T.C.A. § 39-13-111, domestic assault covers any assault committed against a family or household member. That includes a current or former spouse, a dating partner, someone you live with, or someone you share a child with.
The law covers physical abuse, emotional abuse, sexual abuse, and even economic abuse. So it is not just about punches. Threatening someone, controlling their money, or making them fear for their safety can all fall under this law.
Makes sense, right?
Basic Domestic Assault Laws in Tennessee
What Counts as Assault
Okay, this part is important. Tennessee law says an assault happens when you intentionally, knowingly, or recklessly cause someone to fear harm. It also covers situations where you actually hurt them physically.
You do not have to leave a visible bruise for it to count as assault. If your spouse is afraid of what you might do, that alone can be enough for charges to be filed.
Wondering if emotional abuse counts? It can. Threatening words, intimidating behavior, and acts designed to control or frighten a partner are all taken seriously by Tennessee courts.
The Mandatory Arrest Rule
Here is something most people do not know. If police are called to a domestic violence scene in Tennessee, someone will be arrested. It is not optional. State law requires that the primary aggressor be taken into custody and held for at least 12 hours.
That 12-hour hold exists to cool things down and protect the victim. It does not matter if the victim says “please don’t arrest them.” The call is not theirs to make once police arrive.
Penalties for Domestic Assault in Tennessee
First-Time Offenses
Let’s talk about the penalties. They are not light.
A first domestic assault charge is usually a Class A misdemeanor. That means you could face up to 11 months and 29 days in jail. Fines can reach up to $2,500. You will also likely be required to attend an anger management class or a batterer’s intervention program.
Less severe incidents may be charged as a Class B misdemeanor. That carries up to 6 months in jail and fines up to $500. Still serious. Think of it like a traffic ticket, but way more serious with lasting consequences.
Repeat Offenses
Hold on, this part is important. Repeat offenses get treated much more harshly.
A second domestic assault conviction comes with a mandatory minimum of 30 days in jail. You cannot avoid that jail time. Even if the charge is still a misdemeanor, you are doing at least 30 days.
A third or more conviction can be charged as a Class E felony. That means a mandatory minimum of 90 days behind bars, and fines between $1,100 and $5,000. A felony stays on your record for life.
Aggravated Assault: When It Gets Much Worse
Some situations bump a domestic assault charge all the way up to aggravated assault. That happens when the attack causes serious bodily injury, involves a deadly weapon, or involves strangulation.
Strangulation is treated very seriously in Tennessee. Even if no lasting injury happens, using your hands or any object to restrict someone’s breathing can lead to felony charges.
A Class D felony for aggravated assault carries 2 to 12 years in prison and a $5,000 fine. A Class C felony can mean 3 to 15 years in prison and up to $10,000 in fines. That is a long time. And that is for one incident.
Tennessee’s New Domestic Violence Registry: Savanna’s Law
Wait, it gets more serious. As of January 1, 2026, Tennessee launched something new. It is called Savanna’s Law, and it is a first in the entire country.
The law created a public registry for repeat domestic violence offenders. It is maintained by the Tennessee Bureau of Investigation, or TBI. The registry lists the offender’s name, date of birth, conviction date, county, and a current photo.
The law is named after Deputy Savanna Puckett. She was a Robertson County sheriff’s deputy killed by a former partner who had a documented history of domestic violence. Her death inspired lawmakers to act.
To end up on the registry, a person must be convicted of a domestic violence offense on or after January 1, 2026, and have at least one prior conviction for a similar offense. Offenders also pay a $100 fee, which goes toward violence prevention programs.
Honestly, this is a powerful step. Public registries hold repeat offenders accountable in ways that fines alone never could.
Loss of Gun Rights
Here’s something that surprises a lot of people. A domestic violence conviction in Tennessee strips you of your right to own or possess a firearm. This applies even to a first-time misdemeanor conviction.
Federal law also backs this up. Under the federal Lautenberg Amendment, anyone convicted of a domestic violence misdemeanor loses their federal gun rights permanently. Courts can order you to surrender any guns you own.
This is not a slap on the wrist. Losing your gun rights affects hunters, veterans, and anyone who owns firearms for self-defense. It is a permanent consequence.
Orders of Protection
Not sure if you need an order of protection? You’re not alone. Many victims don’t know how easy it is to get one in Tennessee.
An Order of Protection is a court order that tells the abuser to stay away from you. It can require them to leave the shared home, stop all contact, and keep a set distance from you and your children. Violating an order of protection is a Class A misdemeanor on its own. That means the abuser can be arrested just for breaking the terms of the order.
To get one, you go to the courthouse in your county. There is no filing fee. You do not need a lawyer, though having one helps. Emergency orders can be granted the same day without the abuser being present. After a hearing, a full order can last up to one year and can be extended.
Keep a copy of your order with you at all times. If the order is violated, call 911 immediately and show them the paperwork.
How Abuse Affects Child Custody
If you are going through a divorce or custody case, domestic violence matters a lot to the court. Tennessee updated its custody laws in 2025 to give judges more tools to protect children.
A parent’s history of domestic violence is a major factor when deciding who gets custody. Courts look at whether a parent’s custody was ever reduced or restricted before, and why. Judges can also consider abuse committed through a third party, not just direct acts.
So if you are a victim going through a family law case, document everything. Save texts, take photos of injuries, get medical records, and keep a written log of incidents with dates and details. This evidence matters.
What to Do If You Are Being Abused
Okay, pause. If you are in danger right now, call 911. Your safety comes first. Everything else can wait.
If you are not in immediate danger but you need help, here is what you can do. First, call the Tennessee Domestic Violence Hotline at 1-800-356-6767. It is free, confidential, and available 24 hours a day. Advocates can help you make a safety plan, find a shelter, and connect you with legal resources.
Second, go to your county courthouse to file for an Order of Protection. You do not need a lawyer. You do not need money. You just need to show up.
Third, document the abuse. Write down what happened, when it happened, and what was said or done. Save threatening messages. Take photos. These records help your case.
You deserve to be safe. Reaching out is not weakness. It is the first step to getting your life back.
What Happens If You Are Falsely Accused
Most people don’t realize how much a false accusation can turn your world upside down. A charge alone can damage your reputation before any verdict is reached.
If you are accused of domestic assault in Tennessee, get a lawyer right away. Do not talk to police without legal representation. Evidence matters, and so does the order in which you act.
Possible defenses include self-defense, proving the claims are false, or showing that the incident did not meet the legal standard for assault. A skilled attorney can help you navigate the process and protect your rights.
Frequently Asked Questions
Can a victim drop domestic assault charges in Tennessee? Not usually. Once police file charges, the decision to prosecute belongs to the state, not the victim. Even if a victim asks for charges to be dropped, prosecutors can continue the case.
Does Tennessee require mandatory counseling after a conviction? Yes. In most cases, courts require anger management classes or a batterer’s intervention program as part of the sentence, even for first-time offenders.
Can a domestic violence conviction be expunged in Tennessee? Generally no. Most domestic violence convictions cannot be expunged from your record in Tennessee. This is one reason why the charge is so serious.
What if the abuse happened but I never called the police? You can still file for an Order of Protection without ever having called police before. You just need to show the court that you have reasonable fear based on past threats or violence.
Does Savanna’s Law apply to out-of-state convictions? The registry focuses on Tennessee convictions, but prior convictions from other states may still be considered by courts when sentencing repeat offenders.
Can men be victims of domestic violence in Tennessee? Absolutely. Tennessee law protects people of all genders. Men, women, and non-binary individuals can all be victims or be charged as offenders under the same laws.
Final Thoughts
Tennessee takes spousal and domestic abuse seriously. The laws are strict, the penalties are real, and the new Savanna’s Law registry shows that the state is doubling down on accountability for repeat offenders.
If you are a victim, know this: help is out there. The law is on your side. And you do not have to face this alone.
If you are unsure about your situation, talk to a lawyer. Many legal aid organizations in Tennessee offer free consultations for domestic violence cases. Knowledge is protection.
Stay safe. Stay informed.
References
- Tennessee Domestic Assault Law – T.C.A. § 39-13-111
- Savanna’s Law – Tennessee Domestic Violence Registry (TBI)
- Tennessee Orders of Protection – WomensLaw.org
- Tennessee Coalition to End Domestic & Sexual Violence
- Justice For All TN – Orders of Protection Resources
- Savanna’s Law Overview – Garza Law Firm (January 2026)
